These terms and conditions (Terms and Condition) govern your use of, access to, and purchase of products through untitled–artworks.com (the “Website” or “Site”). By using the Site, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
B) Other Site Policies
C) Access to the Site
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site. We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
D) Operation of Website and Delivery of Services
Untitled Artworks Srl subcontracted the operation of certain aspects of the Website to Lettergram Srls. Lettergram Srls provides and/or procures certain services on behalf of Untitled Artworks Srl to enable the operation of the Website and for you to search through the Website and purchase products from Untitled Artworks Srl. Such Services include, but are not limited to, customer service, hosting, and delivery logistics. Lettergram Srls is a company registered in Italy whose office is at Via Edolo 40, 20125 Milano MI, Italy. Its VAT number is IT 08215840961. Please note that the delivery logistics service is being provided by the Provider to you, the customer, and as such you are entering into a contract for delivery services provided by the Provider. The Provider may make a charge for these services which will be shown in at prior to checkout and your purchase of the Products.
The Products are owned and sold on the Website by Untitled Artworks. Untitled Artworks attempts to be as accurate as possible in the description of the Products. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free. Please note that the images of the Products on the Website are for illustrative purposes only and while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
F) Purchase for Personal Use Only
You may purchase products on the Site only for personal use and not for resale. By placing your order, you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions. Neither Untitled Artworks Srl nor the Provider has any liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
G) Ordering and Availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Place Order” button on the checkout page. All orders are subject to email confirmation by us. After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Place Order” button, you enter into an obligation to pay for the Products. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that the Product has been despatched (“Order Confirmation”). The contract between you and us in relation to the Products ordered (“Contract”) will only be formed when we send you the Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract. The Contract will relate only to the Product(s) whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Order Confirmation.
Please note that the Products displayed on the Site may be out-of-stock or discontinued, and availability is not guaranteed.
H) Shipping Costs
You are responsible for the shipping costs associated with the delivery of the Products you purchase on the Site as specified on your order confirmation.
I) Delivery and Delivery Conditions for DHL Express Customs
These Terms are used for the provision of services by DHL Express express carrier for the delivery of Express cargo for personal use.
1. TERMS USED IN THESE TERMS
Express carrier – DHL Express is represented on the territory of the Russian Federation by two persons: ZAO DHL International and OOO DHL Express. DHL Express, as well as third parties, carry out joint activities for the international transportation of Express cargo and customs operations in relation to Express cargo. The customs representative is DHL Express LLC, which performs customs operations on behalf of and on behalf of the declarant or other interested parties in accordance with the customs legislation of the Customs Union. Express cargo – goods, transported as part of high-speed transportation by any means of transport using the electronic information system for organizing and tracking transportation on the site in order to deliver this product to the Recipient in accordance with an individual bill of lading for the minimum possible and / or fixed period of time. Sender – a legal entity, usually an online store, that has delivered the Express carrier for delivery to the Express carrier. Recipient – a natural person, the recipient of Express cargo indicated on the DHL Express bill of lading.
2. SUBJECT OF THESE TERMS
2.1. These Terms constitute a public offer and constitute a contract of carriage and customs operations in respect of express consignments of a consignment between the Sender / Recipient, the Express Carrier and the Customs Representative (hereinafter referred to as the Agreement).
2.2. By pressing a button, putting a tick or another sign in the field “I accept the terms of the Public Offer” and / or any other actual confirmation of consent on the Sender’s website when ordering, the Express Cargo Consignee accepts the provisions of this Agreement on his own behalf and on behalf of others directly or indirectly interested parties, including the Sender.
2.3. In accordance with the legislation applicable in the Russian Federation, the Express carrier and the Customs representative are entitled to demand from the Recipient the documents and information necessary for the international transportation of Express goods and customs operations in relation to Express cargo, including information containing commercial, banking and other secrets protected by law, or other confidential information, and to receive such documents and information in time to ensure compliance with the laws established by law fights. The Express Carrier and the Customs Representative acknowledge and confirm that the information received, constituting state, commercial, banking and other secrets protected by law (secrets), or other confidential information will not be disclosed or used by the Express Carrier.
3. TERMS OF DELIVERY VIA DHL EXPRESS
3.1. The Sender and the Recipient agree that for the transportation of goods via the DHL Express network, the usual DHLExpress Delivery Terms apply, the main provisions of which are important for the Recipient, are listed below:
Delivery and undeliverable
Cargoes cannot be delivered to the addresses of subscriber boxes or with the indication of only zip codes. The goods are delivered to the address of the Consignee indicated by the Consignor, however, not necessarily personally to the Consignee. Delivery of goods addressed to the central zone of receipt of goods is carried out in this zone. DHL may notify the Consignee of an upcoming delivery or missing delivery. The consignee may be offered alternative delivery options, including delivery on another day, delivery without a signature, redirection to another address, or pickup from the DHL service department. Some shipping options may be excluded at the request of the Shipper. In the case of unacceptability of the goods, as specified in Art. 2, its understated customs value, the impossibility of finding or identifying the Consignee using reasonable measures, the Consignee’s refusal to deliver or pay Customs duties or other fees related to the Cargo, DHL will take all measures dependent on it to return the Cargo to the Consignor at the expense of the latter; otherwise, the Cargo will be at the disposal of DHL and may be issued, disposed of or sold at its discretion without any liability to the Shipper and any other persons, and the proceeds from the sale of funds, net of Customs duties associated with the Cargo, fees and related administrative expenses shall be returned to the consignor. DHL has the right to destroy any Cargo that DHL cannot return to the Shipper by force of law.
DHL has the right to open and inspect Goods without notice in order to ensure security, customs declaration or in accordance with other regulatory and regulatory acts.
DHL’s liability with respect to any Cargo transported by air (including auxiliary road transport or stops on the route) is limited in accordance with the Montreal or Warsaw conventions, or, if these conventions are not applicable, the lower of the following amounts: (i) current market or declared value; or (ii) 19 special drawing rights per kilogram (approximately US $ 26.00 per kilogram). Such restrictions also apply to all other types of cargo transportation, with the exception that in the case of the carriage of goods by road, the restrictions listed below apply.
In the case of the international carriage of goods by road, DHL’s liability is limited or deemed limited by the terms of the Convention on the Contract for the International Carriage of Goods by Road (CMR) in the amount of the lower of the following amounts: (i) current market or declared value or (ii) 8.33 special borrowing rights per kilogram (approximately $ 14.00 per kilogram). In the absence of legally applicable or lower liability limits in applicable national law, such restrictions also apply to the inland carriage of goods by road. If the Shipper considers the above limit amounts to be insufficient, he must separately declare the value of the cargo and declare the need for insurance in accordance with the provisions of Section 8 (Cargo Insurance), or insure the Cargo on his own. DHL’s liability is expressly limited to the direct real damage caused to the Cargo as a result of its damage or loss, and may not exceed the limit values per kilogram of the Cargo’s weight in accordance with this Section 6. Any other types of loss or damage are not refundable (including, lost profit, interest income, and business prospects, inter alia) whether such damage or loss is special or indirect, even if DHL was notified lawsuit occurrence of such damages or losses. DHL undertakes to make all reasonable efforts to deliver the Cargo in accordance with the usual DHL delivery schedule, however, such a schedule is not mandatory and is not part of the contract. DHL is not liable for damage or loss caused by the delay, however, in the case of certain Goods, the Shipper may demand limited compensation for the delay in accordance with the terms of the Money Back Guarantee, which can be found on the DHL website at www.dhl.com or by contacting DHL.
All claims must be submitted by DHL in writing within 30 (thirty) days from the receipt of the DHL shipment; otherwise, DHL will not be liable for any claims. With respect to one Cargo, only one claim can be made, and its settlement is a complete and final settlement of all claims for damages and losses in relation to such Cargo.
DHL Independent Circumstances
DHL is not liable for any damage or loss caused by circumstances beyond the control of DHL. These circumstances include, but are not limited to: the negative effects of electric or magnetic fields on electronic or photographic images, data or recordings or their erasure, any defects or characteristics caused by the nature of the Cargo, even if they were reported by DHL; any actions or omissions of persons who are not DHL employees or contractors, namely, the Shipper, Consignee, third party, customs authorities or other officials; “Force Majeure” – earthquake, cyclone, hurricane, flood, fog, military actions, aircraft crash, embargo, rebellion, riots or industrial conflicts.
The consignor agrees with any route and deviations from it, including the possibility of cargo passing through intermediate transshipment points.
Any disputes arising out of these Terms, or in connection with them, in the interests of DHL shall be settled in the courts of the Country of departure of the Cargo and regulated by the laws of that Country, and the Shipper will accept this jurisdiction if this does not contradict the current legislation.
3.2 The full text of the conditions of delivery of DHL Express network is available on the website at www.dhl.ru.
4. TERMS OF CUSTOMS OPERATIONS
4.1. Customs representative:
4.1.1 is entitled to perform customs declaration of Express cargo;
4.1.2 undertakes to inform the Recipient of the date of arrival of the goods at the temporary storage warehouse (hereinafter – TSW) through facsimile or electronic communication;
4.1.3 undertakes to perform other actions stipulated by the customs legislation of the Customs Union and the Russian Federation, necessary for the performance of customs operations, as a person vested with the Recipient authority with respect to the declared Express cargo.
4.2. The recipient is obliged to provide the Customs representative with complete and reliable information and documents required by the customs legislation of the Customs Union and the Russian Federation for the implementation of the express cargo declaration, as well as submit additional documents in accordance with the request of the Customs representative.
All necessary documents for declaring goods must be submitted no later than 10 (ten) calendar days from the moment goods arrive at the temporary storage warehouse
4.3. The recipient undertakes to independently comply with all the formalities associated with the frequency of movement of goods across the customs border.
4.4. The Sender and the Recipient guarantee legal authority or other legal grounds for the commission of legally significant actions of the Customs representative on their behalf and are fully responsible for providing complete and reliable information regarding the Express shipment.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Recipient is responsible for the penalties imposed on the Customs Representative as a result of the latter’s violation of customs rules in connection with the provision by the Recipient of incomplete and / or inaccurate information and documents, including non-compliance of the goods transported with the accompanying documents in terms of their name, quantity, and other characteristics that affect for reliable declaration, as well as untimely submission by the Recipient of the specified documents and information, in which case the Recipient agrees to Place of customs representative of the amount of such sanctions on the basis of a separate account.
5.2. The customs representative shall not be liable for lost profits, as well as other indirect and unforeseen losses of the Recipient, even if such losses are predictable or if the Customs representative was notified about them, or could or should have known about them.
5.3. The Parties are exempted from liability for partial or full failure to fulfill obligations under this Agreement if it was a consequence of force majeure circumstances, and if these circumstances directly affected the performance of this Agreement.
6. TARIFFS AND PAYMENT FOR CUSTOMS OPERATIONS
6.1. The cost of services is determined in accordance with the tariffs of the Customs representative on the invoice date, including the amount of customs and other payments paid by the Customs representative in the provision of services under this Agreement.
6.2. The services of the Customs representative must be paid by the Recipient.
6.3. The customs representative reserves the right at the expense of the Recipient to retain any goods of the latter until the receipt by the Customs representative of the full payment for the services rendered to the Recipient under this Agreement.
7. GENERAL PROVISIONS
7.1. In case of a change in the text of the Terms and / or Agreement, the Parties agree that the Terms and Conditions in force on the date of receipt of the consent specified in clause 2.2 will be applied.
J) Delivery and Shipment
Untitled Artworks processes orders in Italy, Milan from Monday to Friday. Untitled Artworks processes orders within 3-5 working days after the order’s placement. Orders placed from Friday to Sunday, or holiday will be processed the following business day. Untitled Artworks ships all over the world via DHL Express. Untitled Artworks cannot be accountable for carrier delays or delays caused by holidays, meteorological conditions, customs inspections and other circumstances that are irrelevant to Untitled Artworks’ control. Once shipped, arrival time of packages may vary from Country to Country. Delivery for shipments addressed to Italy take approximately 1-2 working days (excluding the Italian Islands which may take 2-3 working days). Delivery for shipments addressed to European Union take approximately 2-3 working days.
Delivery is deemed complete upon receipt of the Products to the address you specified in your order. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any Country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses. Products comprised within the same order cannot be delivered to different addresses. We would like to remind you that all Products purchased are intended for use in the Country they were ordered from. If, however, you decide to take the items to another Country, you will be responsible for adhering to both the exportation legislation of the order Country and the importation legislation of the destination Country. We shall not be held liable.
Shipments are made by our trusted courier and take place from Monday to Friday (or other normal working week days in countries that do not follow a Western pattern of working week), excluding bank and public holidays, usually within the hours between 8am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for. If you order Products for international delivery, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. In the event that you return a Product, the import duties will be refunded if they were originally included in the purchase price. If they were not included, then you will responsible for reclaiming duty directly from your local customs office.
At delivery time, customers are kindly invited to carefully inspect the parcel before signing and confirming the completed delivery of the same. Untitled Artworks carefully seals parcels with a customised adhesive tape with the logo of Untitled Artworks. In case the customer receives a parcel that has been opened by Customs or by the Carrier for authorised inspections, the parcel will be closed with a guarantee seal by the specific body. If the parcel appears damaged, wet or the adhesive tape not intact, customers are kindly invited to sign the delivery of the parcel with the note “Received unchecked”, or to refuse the delivery of the parcel. In case the parcel will not result untouched, customers is kindly invited to open a claim with the local DHL office and promptly contact Untitled Artworks at the e-mail address customerservice[at]untitledartworks.it.
We recommend to take photos of the box prior to opening it and promptly share them with us so that we can file a claim with the carrier. If the parcel is not intact, and the customer signs the delivery without the note “Received unchecked”, delivery will be deemed automatically accepted and consequently Untitled Artworks will not accept any related claim.
By placing an order, customers establish a commercial relationship with Untitled Artworks and commit to accept delivery of the parcel related to the order placed. If the parcel cannot be delivered to the given shipping address due to causes ascribable to the absent cooperation of the customer (wrong or incorrect phone number, wrong or incorrect shipping address, absent receiver), or if the customer refuses to collect the parcel, the parcel will be returned to the sender Untitled Artworks in Italy at customer’s expense. The expense includes shipping costs and any duty and tax fees; the amount will be deducted from the total amount of the order to be refunded.
All Products are available to ship unless it is a pre-order item. All pre-order Products have an estimated ship date, that indicates the date that the Product will be shipped out from our warehouse, but these Products may arrive sooner or later than specified. Credit cards are charged at the time of the pre-order, subject to our usual fraud checks. Estimated shipping date is published online. Untitled Artworks is not liable for delays, cancellations or changes to pre-ordered items made during production. If a pre-ordered item will not be shipped out by the estimated shipping date, the customer will be notified and, at the customer’s election, either refunded in full or provided with an updated estimated shipping date. If an order includes both available and pre-ordered items, at least two separate deliveries will be most likely made to the customer.
L) Price and Payment
Prices may change without notice. While we try to ensure that all prices on our Website are accurate, errors may occur. Changes will not affect orders in respect of which we have already sent you a Despatch Confirmation. The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection. Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected your chosen different delivery method.
Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. We also carry out a standard pre-authorisation check on your payment card, and Products will not be despatched until this pre-authorisation check has been completed. From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Products ordered online, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Products stated. Discount codes cannot be redeemed for cash.
M) Payment Methods
Untitled Artworks currently accepts payments using Mastercard, Visa, American Express, Maestro, and PayPal. Payments as well as refunds for shipments are all invoiced in Euro (EUR). Credit cards will be debited in Euro, and thus, due to exchange rates, the final price will be calculated in the applicable exchange rate the day the credit card company processes the transaction. When a refund is processed, the exchange rate used is that of the current day. This may also cause a variance in the price paid and the price refunded, due to fluctuating exchange rates.
N) Returns, Refunds and Exchanges
For any reason, customers can return the order, entirely or partially. Untitled Artworks accepts exchanges or refund within 14 days from the receipt of the merchandise. Items must be returned in the same original conditions, neatly packed and with the return tag still attached. Please note that we can only exchange an item for the same article in a different size or color. The new size/color will be dispatched as soon as we have received the article that is to be exchanged. Please note that we can only accept exchanges from the Country which the shipment was sent to. In order to start the exchange or refund process the customers can contact the Untitled Artworks customer care team via email at customerservice[at]untitledartworks.it stating the order number, reason for return and whether it’s a request for product exchange or a refund. The customer will then receive an email with a return authorization number (RAN) that is needed to fill out the return tag which must be sent back with the item/s in question. Please follow the instructions given by the customer care team while sending your return back to Untitled Artworks avoiding any discrepancy. Item/s that will not match Untitled Artworks’ return policy will not be taken into consideration and send back to the customer at his own cost.
In case customer requests the refund of the item(s) returned, the credit note will be issued after the parcel is returned to our warehouse and only after the quality check on the item(s). The refund procedure will take 10 days from the arrival of the item/s at the warehouse. Any changes in currency during the return period will not be reimbursed. Orders paid by credit card will be refunded to the original card used during checkout. The refunded amount will be available within the next billing statement. This may change depending on banks and credit providers, it could take up to 30 working days. Bank transfer refunds will be refunded to the original account after the customer has sent the Untitled Artworks customer care team his bank coordinates.
TERMS AND CONDITIONS OF RETURN
The returned items must be sent back in their original packaging together with all the materials received with the item/s (dust bags, covers etc.) and should have a copy of the invoice inside. The item/s must be unharmed, unwashed, not worn or altered and must have all original security seals still attached. The Untitled Artworks packaging must not be used as the external parcel for the shipment. If the item does not fit these requirements the item will not be accepted and will be sent back to the customer at their own cost. Authorized returns must be shipped using the carrier suggested by Untitled Artworks in the email providing the return instructions. Size or color exchanges will only be issued if requested sizes and colors are in stock. Exchanges for different items are not accepted. An item can only be exchanged once. All products are checked at the warehouse for any faults. However, if a customer receives an item not in the original state please contact customerservice[at]untitledartworks.it.
Goods are classified as faulty if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty. If your item is faulty when you receive it, you can return it for a refund within 14 days from the date you received it. We have made every effort to display the colours of our products that appear on www.untitledartworks.it as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor’s display of a color will be completely accurate.
Authorized returns must be shipped using the carrier suggested by Untitled Artworks in the email providing the return instructions. Untitled Artworks reserves the right not to accept returns if customer tenders the box to a different carrier and in case the delivery of the parcel entails extra costs for Untitled Artworks or involves the collection to one of the carrier’s branches. Untitled Artworks reserves the right to refuse returns that have not been properly authorized or sent not in accordance with the return policy of www.untitledartworks.it. In these cases, Untitled Artworks can return the box to the sender at the original shipping address. In case Untitled Artworks accepts returns that were not authorized or not in compliance, Untitled Artworks can withhold the 10% of the value of the returned item from the refund.
P) Intellectual Property
All content included on the Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colors, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the property of Untitled Artworks Srl and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Untitled Artworks Srl has the case may be. Untitled Artworks Srl shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Untitled Artworks Srl shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Untitled Artworks shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
Q) Licensee and Site Access
The viewing, printing or downloading of any Content from the Site grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You will be solely responsible for all damages and other harm resulting from your use of the Site and the Content. County shall not be deemed liable for any use of the Site and the Content made by you in violation of any applicable laws and regulations and these Terms and Conditions.
R) External Links
The Site may, from time to time, include links to external sites “Third Party Websites”, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of Third Party Websites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY THE PROVIDER, EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE THE PROVIDER AND/OR OC LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
You may not transfer or assign any or all of your rights or obligations under any Contract.
All notices given by you to us shall be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
All matters arising out of or relating to these Terms and Conditions, including, without limitation, their validity, interpretation, construction, performance, and enforcement shall be governed by law of Italy. The Court of Milan, Italy shall have the exclusive jurisdiction to settle all legal proceedings arising out of or in connection with these Terms and Conditions.
T) Disclaimers and Limitations of Liability
THE PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WWW.UNTITLEDARTWORKS.IT SITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
U) Force Majeure
Provider shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
V) Contacting Us
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to customerservice[at]untitledartworks.it or write to us at Untitled Artworks Srl, Via Edolo 40, 20125 Milan (MI), Italy.